Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 3
Guilt

§ 40. Abandonment of attempt

(1) A person is released from guilt if the person voluntarily abandons the attempt in one of the cases provided for in § 41, 42 or 43 of this Code.

(2) Voluntary abandonment of attempt shall not release from guilt for an act which comprises the necessary elements of a completed offence.

(3) A person is deemed to have abandoned an attempt voluntarily if according to the person’s understanding of the act the consequences of the act may still occur but the person decides to abandon the attempt regardless of circumstances beyond the person’s intention.

§ 41. Abandonment of incomplete attempt

(1) A principal offender is deemed to have abandoned an incomplete attempt if the principal offender interrupts the completion of the offence.

(2) An attempt is incomplete if the person has not yet performed all that according to the person’s understanding of the act is necessary for the completion of the offence.

§ 42. Abandonment of completed attempt

(1) A principal offender is deemed to have abandoned a complete attempt if the principal offender prevents the occurrence of the consequences of the offence. If a complete attempt is not sufficient for the full commission of the act, the principal offender is deemed to have abandoned the attempt if the principal offender earnestly endeavours to prevent the occurrence of the consequences of the offence.

(2) An attempt is complete if the person according to the person’s understanding of the act has performed everything in the person’s power to complete the offence.

§ 43. Abandonment of attempt in case of several offenders

If several offenders participate in an attempt, the person who prevents the occurrence of the consequences of the offence is deemed to have abandoned the attempt. If the consequences occur or do not occur regardless of the conduct of an offender, the offender is deemed to have abandoned the attempt if the offender earnestly endeavours to prevent the occurrence of the consequences.

§ 43 1. Abandonment of attempt to instigate criminal offence and agreement to commit criminal offence

(1) A person having committed an attempt to instigate a criminal offence, consented to a proposal to commit a criminal offence or agreed to commit a criminal offence is released from guilt if the person voluntarily :

1) interrupts the instigation of another person to criminal offence and prevents the possible danger of committing the act ;
2) abandons the consent granted for committing a criminal offence ; or
3) prevents the agreed committing of a criminal offence.

(2) If a criminal offence is committed or the committing thereof is refrained from regardless of the acts of the person, the person is deemed to have abandoned it if he or she earnestly endeavours to prevent the commission of the criminal offence.
[ - entry into force 01.01.2009]

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.